Ala. Admin. Code r. 220-3-.68

Current through Register Vol. 43, No. 02, November 27, 2024

Section 220-3-.68 - Special Oyster Dredge Season And Sack Limit

(1) A special oyster dredge season and sack limit is hereby established for persons licensed under Section 9-12-87, Code of Ala. 1975, and permitted under Rule 220-3-.02(5), in accordance with the following times, places, manners and means:

(a) That area in Portersville Bay open by the Alabama Department of Public Health described as a "Portersville Bay Special Dredging Area" and defined in the written permit allowing oyster dredges required by Rule 220-3-.02(5).

(b) That area in Mobile Bay East of the Dauphin Island Bridge and open by the Alabama Department of Public Health described as a "Mobile Bay Special Dredging Area" and defined in the written permit allowing oyster dredges required by Rule 220-3-.02(5).

(2) There shall be a limit of 16 sacks of oysters per boat per day; provided further no licensed oyster catcher may move to another boat or transfer his catch to, or place his catch in another boat for purposes of avoiding the requirements of this regulation. A boat towed to or from the public oyster reefs and upon which oysters are transported from the public oyster reefs shall be considered as part of the towing boat for purposes of the daily limit of sixteen (16) sacks per boat, unless a properly licensed and permitted oyster catcher or catchers remains on board the boat at all times while on the public oyster reefs or transporting oysters from the public oyster reefs. No licensed and permitted oyster catcher may take or possess more than sixteen sacks of oysters per day.

(3) All oysters taken from stated special dredge area must be landed and tagged at oyster management station established by the Marine Resources Division. All tags for sacks of oysters taken from the special dredge area must be purchased at the management station.

(4) All oysters shall be culled upon the reef from which they were taken. No oysters shall be culled or sacked on board a boat in waters closed to the harvesting of oysters. No oysters from a public reef shall be culled upon a private reef.

(5) The special oyster dredge season shall be closed utilizing a public notice by the Director of the Marine Resources Division at such time that it is determined by biological surveys and landings data that the oyster resources are in decline.

(6) It shall be unlawful to possess oysters taken from a private lease and oysters taken from a public reef on board a boat at the same time.

(7) It shall be unlawful not to comply with all stated requirements on the written permit allowing oyster dredges required by Rule 220-3-.02(5).

Ala. Admin. Code r. 220-3-.68

New Rule: Filed August 18, 2004; effective September 22, 2004. Amended (PE): Filed October 12, 2005; effective October 12, 2005. (Amended PE): Filed June 23, 2006; effective June 26, 2006.

Author: M. Barnett Lawley

Statutory Authority:Code of Ala. 1975, §§ 9-2-4, 9-2-7, 9-2-8, 9-2-12, 9-12-87.

PENALTY: As provided by law.